81 FR 91201 - Bay Area Compliance Laboratories Corp.: Application for Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

In this notice, OSHA announces the application of Bay Area Compliance Laboratories Corp. for recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant this recognition.

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91201-91204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30288]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]


Bay Area Compliance Laboratories Corp.: Application for 
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Bay Area 
Compliance Laboratories Corp. for recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the Agency's 
preliminary finding to grant this recognition.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before January 17, 2017.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at

[[Page 91202]]

http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2016-0022, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-3653, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2016-0022). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before January 17, 2017 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Many of OSHA's workplace standards require that an NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, NRTLs must meet the 
requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capabilities to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition, and is not a delegation or grant of 
government authority. Recognition of an NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of the Application for Recognition

    OSHA is providing notice that Bay Area Compliance Laboratories 
Corp. (BACL) is applying for recognition as an NRTL. According to its 
application, BACL was incorporated in 1996 to provide product 
compliance testing services to customers in the areas of Product 
Safety, Electromagnetic Compatibility and Telecommunications, testing 
for Emissions, Immunity, Radio, Radio Frequency (RF) Exposure and 
Telecommunications. The non-profit, third-party, non-governmental 
accreditation body A2LA accredited BACL for UL 60950-1, the standard 
for which BACL requests NRTL recognition. In its application, BACL 
lists the current address of its headquarters as: Bay Area Compliance 
Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, California 94089.
    OSHA recognizes each NRTL for a scope of recognition that includes 
the type of products the NRTL may test, with each type specified by its 
applicable test standard, and the recognized site(s) that have the 
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the 
NRTL's scope of recognition. BACL applied for initial recognition as an 
NRTL on May 1, 2015, and revised its application on May 12, 2016. In 
its application and subsequent revision, BACL requested recognition for 
one test standard and one site (OSHA-2016-0022-0001 and 0002). The 
following sections set forth the requested scope of recognition 
included in BACL's application.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standard found in BACL's 
application for testing and certification of products under the NRTL 
Program.

[[Page 91203]]



Table 1--Proposed Appropriate Test Standard for Inclusion in BACL's NRTL
                          Scope of Recognition
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               Test standard                     Test standard title
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UL 60950-1................................  Information Technology
                                             Equipment-Safety-Part 1:
                                             General Requirement.
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    The test standard listed above may be approved as a U.S. test 
standard by the American National Standards Institute (ANSI). However, 
for convenience, the Agency may use the designation of the standards-
developing organization for the test standard instead of the ANSI 
designation. Under the NRTL Program's policy (see OSHA Instruction CPL 
1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular 
test standard may use either the proprietary version of the test 
standard or the ANSI version of that standard.

B. Sites Requested for Recognition

    The current address of BACL's site included in its application for 
recognition as an NRTL is:
    1. Bay Area Compliance Laboratories Corp., 1274 Anvilwood Avenue, 
Sunnyvale, California 94089.
    The NRTL Program requires that the recognized site listed above has 
the capability to conduct the product testing in accordance with the 
appropriate test standard for the equipment or material being tested 
and certified.

III. Preliminary Finding on the Application for Recognition as an NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of an NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of BACL's application packet and reviewed other pertinent information. 
OSHA staff also performed a comprehensive on-site assessment of BACL's 
testing facility, located at 1274 Anvilwood Avenue, Sunnyvale, 
California 94089, on May 9-11, 2016. An overview of OSHA's assessment 
of the four requirements for recognition (i.e., capability, control 
procedures, independence, and creditable reports and complaint 
handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material to be listed, labeled, or accepted, the NRTL must 
have the capability (including proper testing equipment and facilities, 
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed 
a detailed analysis of BACL's application packet and reviewed other 
pertinent information to assess its capabilities to perform test and 
certification activities. OSHA determined that BACL has demonstrated 
these capabilities through the following:
     The BACL facility has adequate test areas, energy sources, 
and procedures for controlling incompatible activities.
     BACL provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     BACL has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     BACL has detailed procedures addressing the maintenance 
and calibration of equipment, and the types of records maintained for, 
or supporting laboratory activities.
     BACL has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     BACL has an adequate quality-control system in place to 
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessment of BACL's facility confirmed the 
capabilities described in its application packet.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels. OSHA 
staff performed a detailed analysis of BACL's application packet and 
reviewed other pertinent information to assess its control procedures. 
OSHA determined that BACL has demonstrated these control procedures 
through the following:
     BACL has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     BACL has a registered certification mark.
     BACL has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of BACL's facility confirmed the control 
procedures described in its application packet.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. OSHA has a policy for the independence of NRTLs 
that specifies the criteria used for determining whether an 
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive 
list of relationships that would cause an organization to fail to meet 
the specified criteria. OSHA staff performed a detailed analysis of 
BACL's application packet and reviewed other pertinent information to 
assess its independence. OSHA determined that BACL has demonstrated 
independence through the following:
     BACL is a privately-owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     BACL shows that it has none of the relationships described 
above or any other relationship that could subject it to undue 
influence when testing for product safety.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of BACL's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA determined that 
BACL has demonstrated these capabilities through the following.
     BACL has detailed procedures describing the content of the 
test reports, and other detailed procedures

[[Page 91204]]

describing the preparation and approval of these reports.
     BACL has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessment of BACL's facility confirmed the credible 
reports and complaint handling described in its application packet.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessment, indicate that BACL 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a Nationally Recognized Testing Laboratory for its site located in 
Sunnyvale, California. The OSHA staff, therefore, preliminarily 
recommended that the Assistant Secretary approve the application. This 
preliminary finding does not constitute an interim or temporary 
approval of BACL's application.
    OSHA welcomes public comment as to whether BACL meets the 
requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments 
should consist of pertinent written documents and exhibits. Commenters 
needing more time to comment must submit a request in writing, stating 
the reasons for the request. Commenters must submit the written request 
for an extension by the due date for comments. OSHA will limit any 
extension to 10 days unless the requester justifies a longer period. 
OSHA may deny a request for an extension if it is not adequately 
justified. To obtain or review copies of the exhibits identified in 
this notice, as well as comments submitted to the docket, contact the 
Docket Office, Room N-3653, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2016-0022.
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary whether to grant 
BACL's application for recognition as an NRTL. The Assistant Secretary 
will make the final decision on granting the application. In making 
this decision, the Assistant Secretary may undertake other proceedings 
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the 
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 12, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-30288 Filed 12-15-16; 8:45 am]
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